ST 292.1 of the Criminal Code of the Russian Federation.
1. Illegal issuance by an official or a civil servant of a passport of a citizen of the Russian Federation to a foreign citizen or stateless person, as well as the entry by an official, as well as a civil servant or municipal employee who is not an official, of knowingly false information into documents, which entailed the illegal acquisition of Russian citizenship Federation, - shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by deprivation of the right to occupy certain occupations. positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to five years, or imprisonment for the same period.
2. Failure to perform or improper performance by an official or civil servant of his duties due to dishonest or negligent attitude towards service, if this entailed the illegal issuance of a passport of a citizen of the Russian Federation to a foreign citizen or stateless person or the illegal acquisition of citizenship of the Russian Federation, is punishable by a fine of up to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory labor for a period of up to four hundred eighty hours, or correctional labor for a period of up to two years, or deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
New validity period for Russian passport
The regulation on the passport of a citizen of the Russian Federation, a sample form and its description was approved by Decree of the Government of the Russian Federation dated July 8, 1997 No. 828. From July 16, 2021, it is valid in a new edition thanks to the specified Decree of the Government of the Russian Federation dated July 15, 2021 No. 1205 with amendments (hereinafter referred to as Resolution No. 1205).
Now the validity period of Russian passports subject to replacement upon reaching the ages of 20 and 45 years has been extended to 90 days .
Note that until July 16, 2021, when a citizen turned 20 or 45 years old, he needed to immediately change his passport, since this document automatically became invalid.
The bottom line is that during the period of obtaining a new passport, which takes from 10 to 30 days, the citizen was issued a temporary identity card. However, with such a document the possibilities are very limited. For example, it is impossible to get a loan from a bank or register on the State Services website.
From July 16, 2021, employers, when hiring and in other cases, cannot require another identification document from a citizen due to “overdue” Russian passport.
The new rules saved people from such inconveniences. Now the general civil passport of the Russian Federation of persons who turn 20 or 45 years old will remain valid until the day a new passport is issued, but no more than 90 days after reaching this age (except for conscripted military personnel).
That is, there is no longer a need to urgently re-issue a document immediately after your birthday.
Third commentary to Article 292.1 of the Criminal Code of the Russian Federation
1. The object of this crime is the normal functioning of government bodies, local self-government bodies, whose powers include activities related to the implementation of tasks related to the registration of citizenship through the issuance of passports of citizens of the Russian Federation.
2. The objective side is characterized by the person committing actions directly related to the issuance of a passport, contrary to the grounds established by the legislation of the Russian Federation. The composition is formal in design. It is important to know that the persons receiving an illegal passport must be a foreign citizen or a stateless person. It is also criminally punishable for a person authorized to do so to enter knowingly false information into documents that resulted in the illegal acquisition of citizenship of the Russian Federation. This content has some similarities with official forgery. Their main difference lies in the very subject of the crime, which, when committing this crime, is the passport of a citizen of the Russian Federation. In case of forgery, the subject can be a fairly wide range of official documents. This composition is special in relation to forgery.
3. The subjective side of the crime under Part 1 of the article under comment is characterized by the presence of only an intentional form of guilt. At the same time, the culprit is aware of the unlawful nature of his behavior, aimed at the illegal issuance of a passport of the Russian Federation with the subsequent acquisition by the person of citizenship of the Russian Federation, and wishes to carry out these actions. As for Part 2 of this norm, the content of guilt is characterized by negligence, and to a greater extent by negligence. In this case, we are talking about special negligence of an official related to the issuance of passports or the preparation of documents for their issuance. Additional qualifications under Art. 293 of the Criminal Code is not required.
4. Special subject - a person who performs the functions of an official or state or municipal employee related to the issuance of passports or the preparation of documents for their issuance.
‹ Article 292. Forgery Up Article 293. Negligence ›
New procedure for marks in the Russian passport
From July 16, 2021, the following marks request
- on registration and divorce;
- about children (citizens of the Russian Federation under 14 years of age);
- about foreign passports;
- about previously issued general passports;
- about blood group and Rh factor (as before);
- about TIN (as before).
Notes on registration at the place of residence and deregistration, as well as on military service, remained mandatory .
Nuances of committing a crime
The specifics of the migration legislation of the Russian Federation stipulate that, as a general rule, applicants for citizenship must meet the following requirements:
- reside permanently in the country for at least 5 years;
- pass a qualifying exam;
- renounce citizenship if necessary;
- availability of financing for living.
Thus, except in special cases, migrants are required to have a residence permit, which can be obtained after obtaining a permanent residence permit. If the legal order is violated, then the illegal issuance of a passport of a citizen of the Russian Federation is recorded.
Note! To obtain citizenship in a simplified manner, you must meet the requirements of Art. 14 of the Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation”.
Passport replacement
This now needs to be done, including in the case of:
- the unsuitability of the passport for further use due to a violation of the security elements of its passport form, as a result of which it is impossible to establish its authenticity and ensure protection against changes in the information printed on it;
- damage that violates the integrity of the passport form (the absence of a page or part thereof intended for making notes/entries);
- wear (damage), in which it is impossible to unambiguously visually determine the presence or content of the information and details specified in the passport (full name, date and place of birth, gender, name of the authority that issued the document, number or series, date of issue), machine-readable records or photographs.
Punishment
The migration legislation of the Russian Federation imposes strict requirements on foreign citizens. But the direct illegal issuance of a passport of a citizen of the Russian Federation does not relate to serious crimes. Punishment for an illegal act is defined in Art. 292.1 of the Criminal Code of the Russian Federation. The sanctions part is divided into responsibility for the direct issuance and for improper performance (failure to fulfill) one’s duties, which led to a violation of the procedure for issuing a Russian passport. The penalty for extradition is:
a fine in the amount of up to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory labor for a term of up to four hundred eighty hours, or corrective labor for a term of up to two years, or deprivation of the right to hold certain positions or engage in certain activities activities for a term of up to three years, or forced labor for a term of up to five years, or imprisonment for the same term.
And for failure to fulfill duties, the punishment is more lenient:
a fine in the amount of up to 300 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to 6 months, or compulsory work for a period of up to 480 hours, or corrective labor for a period of up to 2 years, or deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years.
Statute of limitations under Art. 292.1 of the Criminal Code of the Russian Federation is determined based on the severity of the crime - 6 years.
Practical application of the law
Practice of implementation of Art. 292.1 of the Criminal Code of the Russian Federation in Russia is small. There are several reasons for this. Firstly, the sanction for the act was introduced relatively recently - in 2008. That is, an act is defined as criminal only if it is committed after entry. Secondly, the specificity of the crime requires a strong evidentiary basis to qualify the act as a crime rather than a misdemeanor. Statistically, those found guilty receive disciplinary action.
Analyzing court decisions, one can observe a trend towards lenient sentences. Defendants are rarely given the maximum sentence of imprisonment. Sanitation in the form of a fine is most often used. In the case of malicious and repeated violation of the procedure for issuing passports, a sanction is determined in the form of imprisonment, but mainly in the form of probation. The problem of violation of migration legislation becomes more of a subject for the theory of application of law than for public consideration. The introduction of the article into the Criminal Code of the Russian Federation did not have a significant resonance in society. There is also no desire on the part of the legislator to tighten or soften the punishment.
Unreasonably issued passport
Hello, Vladimir! Can you help me cancel the decision of the FMS, or help me recognize me as a citizen of the Russian Federation (see below)? In 2016, I applied to the OUFMS in the Shatura district of the Moscow region with an application to replace my passport as a citizen of the Russian Federation (issued in 2002 by the Department of Internal Affairs of the Moscow Region) due to its loss. (I thought I had lost it, but then I found it and didn’t give it to anyone. At the moment, the FMS has declared it invalid.) They refused to accept my documents. On the same day, I wrote an appeal asking for a written refusal. In August 2021, the OUFMS provided a response to the appeal, which boiled down to the fact that the FMS was checking “circumstances indicating the presence or absence of Russian citizenship and the legality of issuing a passport.” The fact is that my lost passport was issued on the basis of a passport issued on May 23, 2002 by the Pilninsky Regional Department of Internal Affairs of the region, which, as stated in the response, was “recognized as having been issued in violation of the established procedure on the basis of the conclusion of an internal inspection of the PVS of the Regional Internal Affairs Directorate dated July 28, 2005 of the year". As far as I understand, they had no right to refuse to accept documents, but these are details.
On December 2021, I received a certificate from the Department of Internal Affairs of the Ministry of Internal Affairs of Russia "", which states that based on the check (dated November 10, 2016), I was recognized as not being a citizen of the Russian Federation and that the passport was issued unreasonably. On December 2021, I submitted an application to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia "" to recognize me as a citizen of the Russian Federation on the basis of Part 3 of Article 41.1. I received a certificate of acceptance of documents for recognition as a citizen of the Russian Federation. They also asked me to write an application for the “identification” procedure, and I wrote, believing that there would be no harm. Three witnesses from Moscow State University arrived in advance and “identified” me. I should have been immediately issued a temporary identity card, but this was not done. It was issued after the New Year holidays with a backdated date (12/29/2017), for 2 months instead of 5, “with extension”. Currently, I doubt that I can obtain citizenship in this way (that is why, in fact, I am turning to you). The fact is that I have citizenship of the Republic of Moldova, but the passport of a citizen of the Republic of Moldova, with which I once entered the Russian Federation, expired in 2004. I believed that this was enough to use Part 3 of Article 41.1. I would like clarification on this issue. The FMS has already promised to refuse. My general situation with citizenship, passports and residence in the Russian Federation is as follows. I was born in the USSR on the territory of the Moldavian SSR. His father was born in the year on the territory of the RSFSR (he did not renounce Russian citizenship, currently he is a citizen of the Republic of Moldova, living there), his mother was born in the year on the territory of the Ukrainian SSR (died in 2006). year I received a passport as a citizen of the USSR. In September 1992, he entered the Russian Federation with a passport of a citizen of the USSR to study at the Faculty of Chemistry of Moscow State University (until 1997). In -2000 studied in graduate school at the Faculty of Chemistry of Moscow State University with the same passport (it had a Moldovan “insert”). In 2010, he lost his USSR passport and was forced to apply to exchange his passport “at his place of residence” in Moldova. As a result, in 1999 he received a passport, with which he again entered Russia (its validity expired on June 10, 2004). In 2002, on the advice of friends from a Moscow real estate agency, he turned for legal assistance to an agency in Shatura, as a result of which he received a passport of a citizen of the Russian Federation, issued on May 23, 2002 by the regional police department, which was then exchanged for a passport issued in 2002 in the Shatura district, in connection with inaccuracy in records of place of birth. Through an agency I bought part of the property in the Shatura district, where I am still registered at my place of residence. I also received 2 foreign passports (the first was issued by the Department of Internal Affairs in 2003, and the second was issued by the Federal Migration Service in 2008). Since 2002, I have also been working as a citizen of the Russian Federation (I have a work book and a pension insurance certificate), and in 2011 I registered as an individual entrepreneur. Accordingly, contributions were made to the pension fund, other insurance premiums and taxes of the Russian Federation were paid. That is, all the time from the moment I received a Russian passport, I lived as a law-abiding citizen of the Russian Federation. What should I do in this situation? Can I challenge in court the conclusion of the Ministry of Internal Affairs that I do not have Russian citizenship? Can I use part 3 of article 41.1? What other legal defense options could you recommend? Could you represent my interests in court? If not, who do you recommend contacting? Thanks in advance for any help! Best regards, Sergei.
The document is illegal. What is an illegal Russian passport?
What is an illegal Russian passport?
According to FMS data from 2013, about 80 thousand people were deprived of Russian citizenship.
The reason was a violation of the 1992 Citizenship Law.
A situation where passports are issued in violation of the established procedure is considered illegal.
Violations can occur:
- through the fault of employees of the Federal Migration Service
- due to the fault of individual citizens who do not follow the letter of the law
- “guilty without guilt” - people who, at the time of the adoption of the Law “On Citizenship”, did not have permanent registration in the territory of the Russian Federation
The owners of the main document illegally resided on Russian territory. Even those who relatively recently received Russian citizenship and issued a Russian passport are at risk.
What can we say about hundreds of similar stories when residents of Russia, after 18-20 years, learn about the illegal issuance of their passport?
In the 90s or a little later, they came to Russia from the republics of the former USSR, lived, worked, and started families. Then it turned out that citizens’ passports were outlawed.
